Martin v. LUKIE & FORNEY, INC.

James "Spider" Martin, a Birmingham professional photographer, appeals from a summary judgment entered in favor of Luckie Forney, Inc., a Birmingham advertising agency, on his claims of loss of use and conversion. Martin alleged that Luckie Forney either lost or converted more than 100 photographic slides taken by Martin of the Alabama Symphony Orchestra ("ASO") between late 1984 and October of 1986.

By oral agreement with the ASO, Martin donated his photographic services to the symphony; he was reimbursed for expenses involved in photographing the ASO (cost of film, developing cost, etc.),…